Is driving on suspended license a criminal offense

Criminal charges for operating a vehicle during a suspension or revocation.

In Maryland, your driver's license can be suspended or revoked for alcohol-related offenses, certain criminal convictions, and even issues unrelated to driving, such as failing to pay child support. Like most states, Maryland considers driving while your license is suspended or revoked to be a serious offense. A conviction can result in fines, jail time, and additional time without driving privileges.

Reasons for Suspension or Revocation

Driving under the influence (DUI) is one of the most common reasons drivers face suspension or revocation. A DUI-related suspension can result from a conviction or a DUI arrest (even without a conviction) if the driver fails an alcohol test with a blood alcohol concentration (BAC) of .08% or more or refuses to take a test in violation of the state's implied consent laws.

Maryland uses a traffic violation point system. Under this system, moving violations are assigned a certain number of points, and drivers who accumulate too many points within a two-year period face license suspension.

License suspension can also result from conduct unrelated to driving such as:

• having an outstanding warrant
• being convicted for a gas drive-off or for failing to pay for gas, or
• being more than 60 days behind in an order to pay child support.

However, this is just a partial list—your license may be suspended or revoked for many other reasons.

Reinstating your License

After your suspension or revocation period expires, you may need to reinstate your license or meet other conditions before you may legally drive again. In some circumstances, you may need to pay an application fee or additional fees.

Criminal Charges for Driving on a Suspended or Revoked License

Driving a vehicle when your license is suspended or revoked is a crime in Maryland. Generally, a conviction carries fines and possible jail time.

The maximum jail sentence for a conviction depends on the reason for the crime and whether you have prior convictions for driving on a suspended license. In most cases, a first offense carries a fine of up to $1,000 and a maximum one year in jail. Most second or subsequent offenses carry a fine of up to $1,000 and a maximum two years in jail.

In addition, a conviction will generally result in your license being revoked. Maryland places 12 points on your license for a driving-on-a-suspended-or-revoked conviction (with a few exceptions). Drivers who have 12 points face revocation for at least six months.

Legal Help for Charges of Driving on a Suspended or Revoked License

The consequences can be serious if you are convicted of driving on a suspended or revoked license. A conviction can bring fines and jail time. An attorney who is familiar with how these charges are handled in your city or area will be best able to provide you with advice about your case.

The defense attorneys at The Davis Law Group, P.C. frequently represent clients charged with driving on a suspended or revoked license (DWLS/DWLR) in the Chicago area and throughout Illinois.

Criminal Penalties

Many people assume incorrectly that driving on a suspended or revoked license is similar to any other petty traffic offense. In reality, driving on a suspended or revoked license is a criminal offense and can result in serious consequences. This offense is typically charged under 625 ILCS 5/6-303 of the Illinois Vehicle Code as a Class A misdemeanor, punishable by a maximum of 364 days in jail and $2,500.00 fine plus mandatory court assessments.

Under certain circumstances, driving on suspended or revoked may be charged as a felony with more severe penalties. If your license was suspended or revoked for DUI, a first conviction of driving on a suspended or revoked license carries a mandatory minimum penalty of 10 days in jail or 30 days (240 hours) of community service.

A second violation for driving on a license that was suspended or revoked for driving under the influence can be charged as a Class 4 felony. A conviction for a second offense carries a potential sentence of 1-3 years in the Illinois Department of Corrections and a fine not to exceed $25,000. The mandatory minimum punishment for a second offense requires 30 days in jail or 300 hours of community service.

Driving without a Monitoring Device Driving Permit (MDDP) that has been issued to you, driving on a license that was revoked for reckless homicide, and multiple violations of this law all carry additional penalties.

What If I Never Had a License?

You can be charged with Driving while Revoked or Suspended if the loss of driving privileges is caused by either an Illinois or out-of-state violation. Even if you have never obtained a valid license in Illinois, the Secretary of State will create a driving record for you based upon receipt of a report of conviction. Depending on the nature or the number of prior violations, the Secretary of State will enter a suspension or revocation against your driving privileges. While this may create confusion, it is a legitimate and common occurrence.

Additional Driver's License Consequences

If you are convicted of driving on a suspended license, the Secretary of State will extend your license suspension for the same length of time as your original suspension. If your suspension has already expired, the Secretary of State will re-suspend your driving privileges for the same length of time as your original suspension.

If you are convicted of driving on a revoked license, the Secretary of State will not consider the reinstatement of your driver's license for at least one year from the date of conviction.

Our Suspended License Lawyers Are Here to Help

Our attorneys have decades of experience providing high-quality criminal defense and driver's license reinstatement services in the Chicago area and throughout Illinois. Our driver's license reinstatement attorneys can review your Illinois Secretary of State driving record to determine the best course of action.

If possible, we can assist in clearing the suspension or revocation prior to appearing in court on a driving on suspended or revoked license charge. At a minimum, reinstating your driving privileges can be used as mitigation in court, resulting in a more favorable resolution of your case. In some instances, walking into court with a clear license may even result in a full dismissal of your case. However, only certain types of suspension or revocations can be cleared while your case is open. It is important to understand that you are not eligible for an administrative hearing with the Secretary of State if you have a case pending in court. The pending case must be resolved first before you can be considered for reinstatement through a driver's license hearing.

The defense lawyers at The Davis Law Group, P.C. represent clients charged with driving on a suspended or revoked license throughout Illinois, including Cook County, Lake County, and DuPage County. Our office will aggressively work to completely avoid or lessen the negative impact these serious charges may have on your life and driving privileges. By clearing your suspension prior to court, negotiating a favorable plea disposition, or taking your case to trial, our attorneys will provide you with experienced and professional representation.

Contact Us Today

We are a full service law firm with the ability to advise you on a wide range of Illinois license suspensions and revocations. Our traffic attorneys and driver's license attorneys have helped thousands of clients throughout Illinois. Contact us today if you have been charged with driving on a suspended or revoked license.

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